SB 433: Classified school and community college employees: disciplinary hearings: appeals: impartial third-party hearing officers.

Existing law requires the governing board of a school district to employ persons for positions not requiring certification qualifications and the governing board of a community college district to employ persons for positions that are not academic positions. Existing law requires the governing board of a school district or community college district to classify those employees and positions and requires that they be known as the classified service. Existing law requires the governing board of a school district or community college district to prescribe written rules and regulations governing the personnel management of the classified service whereby classified employees are designated as permanent employees after serving a prescribed period of probation. Existing law subjects a permanent classified employee to disciplinary action only for cause, as prescribed by rule or regulation of the governing board of the school district or community college district. Existing law requires the governing board of a school district or community college district to adopt rules of procedure for disciplinary proceedings that contain a provision for informing the employee by written notice of the specific charges against the employee, a statement of the employees right to a hearing on those charges, and the time within which the hearing may be requested that shall not be less than 5 days after service of notice to the employee, as provided.

This bill would instead require the governing board of a school district or community college district to adopt rules of procedure for disciplinary proceedings authorizing the employee to request a hearing within a minimum of 30 days after service of notice of the specific charges to the employee, as provided.

Existing law authorizes the governing board of a school district or community college district to enter into a collective bargaining agreement with an employee organization, as specified. Existing law authorizes the governing board of a school district or community college district to delegate its authority to determine whether sufficient cause exists for disciplinary action against a classified employee, excluding a peace officer, to an impartial third-party hearing officer, pursuant to the terms of the collective bargaining agreement, as provided.

Existing law establishes standards for arbitration, and requires a court to vacate an arbitration award if the court determines, among other things, that there was corruption in any of the arbitrators or the rights of a party were substantially prejudiced by misconduct of a neutral arbitrator.

This bill would authorize a permanent classified employee of a school district, excluding a peace officer, to appeal disciplinary action, as provided, to an impartial third-party hearing officer, paid by the school district and jointly selected by the district and the employee or their employee organization from a list of 7 arbitrators obtained by the parties from the California State Mediation and Conciliation Service, unless the employee organization and the school district enter into an agreement providing an alternative method of appealing disciplinary action or an alternative method of selecting a third-party hearing officer. If a permanent classified employee of a community college district requests a hearing on the charges lodged against the employee, the bill would require an impartial third-party hearing officer, paid for by the community college district and jointly selected by the district and the employee or their employee organization from a list of 7 arbitrators obtained by the parties from the California State Mediation and Conciliation Service, to determine whether sufficient cause exists for disciplinary action against the permanent classified employee of the community college district, excluding a peace officer, unless the employee organization and the community college district enter into an agreement providing an alternative method of determining cause or an alternative method of selecting a third-party hearing officer. The bill would make the impartial third-party hearing officers decision subject to judicial review pursuant to the above-described standards of review of arbitration awards, as provided. The bill would require the court, for judicial review of an impartial third-party hearing officers decision for disciplinary action by a community college district, to exercise independent judgment on the evidence and for the hearing to be set at the earliest possible date and take precedence over all other cases, except as specified.

The Joint Exercise of Powers Act authorizes 2 or more public agencies, by agreement, to form a joint powers authority to exercise any power common to the contracting parties, as specified. Existing law extends certain employment rules applicable to classified employees of school districts to classified employees of joint powers authorities consisting of 2 or more school districts, as provided, including the rule that a permanent classified employee may be subject to disciplinary action only for cause, as prescribed by rule or regulation of the governing board. Existing law also extends certain employment rules, including the rule related to disciplinary action, to classified employees employed by a county superintendent of schools.

This bill would extend to the classified employees of all joint powers authorities that include a school district, and explicitly extend to the classified employees employed by a county superintendent of schools, the above-described authorization for a permanent classified employee, excluding a peace officer, to appeal disciplinary action, as provided, to an impartial third-party hearing officer. The bill also would extend to the classified employees of all joint powers authorities that include a community college district the above-described requirement that an impartial third-party hearing officer determine whether sufficient cause exists for disciplinary action against a permanent classified employee that requests a hearing on the charges, as provided.

Existing law requires the governing board of a school district to delegate its authority to a judge, as defined, to determine whether sufficient cause exists for disciplinary action against a classified employee involving allegations of egregious misconduct and involving a minor, as provided.

This bill would additionally require an impartial third-party hearing officer to delegate its authority to a judge to determine whether sufficient cause exists for disciplinary action against a classified employee involving allegations of egregious misconduct and involving a minor, as provided.

To the extent the bill imposes additional obligations on school districts, community college districts, and county offices of education, the bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.